Congress’s Exemption from Obamacare

From John Fund at NationalReview.com

In 1995, the newly elected Republican Congress passed a Congressional Accountability Act to fulfill a promise made the previous year in the Contract with America. For the first time, the Act applied to Congress the same civil-rights employment and labor laws that lawmakers had required everyday citizens to abide by. With some lapses, it’s worked well to defuse public outrage about “one law for thee, one law for me” congressional behavior.

In 2009, Senator Chuck Grassley (R., Iowa) decided that the principle deserved to be embedded in Obamacare, and he was able to insert a provision requiring all members of Congress and their staffs to get insurance through the Obamacare health exchanges. “The more that Congress experiences the laws it passes, the better,” said Grassley. Although his amendment was watered down before final passage to exclude committee staff, it still applies to members of Congress and their personal staffs. Most employment lawyers interpreted that to mean that the taxpayer-funded federal health-insurance subsidies dispensed to those on Congress’s payroll — which now range from $5,000 to $11,000 a year — would have to end.

Democratic and Republican staffers alike were furious, warning that Congress faced a “brain drain” if the provision stuck. Under behind-the-scenes pressure from members of Congress in both parties, President Obama used the quiet of the August recess to personally order the Office of Personnel Management, which supervises federal employment issues, to interpret the law so as to retain the generous congressional benefits.

OPM had previously balked at issuing such a ruling. Even without OPM, Congress could have voted to restore the subsidies or ordered a salary raise to compensate for the loss of benefits, but that would have been a messy, public process, which everyone wanted to avoid.

One rule for us and another for the ruling Elite.